2400

LAWS OF MARYLAND

Ch. 817

cases where dedication would be impractical, PROVIDED THAT
WHEN, IN THE JUDGMENT OF THE COMMISSION, SUITABLE LAND IS
NOT AVAILABLE FOR ACQUISITION TO SERVE THE SUBDIVISION FROM
WHICH A FEE HAS BEEN EXACTED, OR IF ADEQUATE OPEN SPACE HAS
HERETOFORE BEEN ACQUIRED AND IS AVAILABLE TO SERVE THE
SUBDIVISION, THEN THE COMMISSION MAY USE THE FEE COLLECTED
IN LIEU OF DEDICATION TO DEVELOP OR OTHERWISE IMPROVE LAND
OR RECREATIONAL FACILITIES THAT WILL ASSIST IN SUPPLYING THE

OVERALL RECREATIONAL AND OPEN SPACE NEEDS OF THE

SUBDIVISION, AND FURTHER PROVIDED THAT IF THE SUBDIVISION IS

IN A MUNICIPALITY THAT IS NOT WITHIN THE METROPOLITAN

DISTRICT BUT IS WITHIN THE REGIONAL DISTRICT, ANY MANDATORY
FEE IN LIEU OF DEDICATION REQUIRED SHALL BE PAID TO AND USED
BY THE MUNICIPALITY EITHER TO PURCHASE OPEN SPACE FOR THE

USE AND BENEFIT OF THE SUBDIVISION OR TO DEVELOP OR

OTHERWISE IMPROVE LAND OR RECREATIONAL FACILITIES THAT WILL

ASSIST IN SUPPLYING THE OVERALL RECREATIONAL AND OPEN---SPACE

NEEDS OF THE SUBDIVISION , AND FURTHER PROVIDED THAT IF THE
SUBDIVISION IS IN A MUNICIPALITY IN PRINCE GEORGE'S COUNTY
THAT IS NOT WITHIN THE METROPOLITAN DISTRICT BUT IS WITHIN
THE REGIONAL DISTRICT AND WHEN REQUESTED BY THE MUNICIPALITY
THE MANDATORY FEE IN LIEU OF DEDICATION RECEIVED BY THE
COMMISSION SHALL BE PAID TO AND USED BY THE MUNICIPALITY
EITHER TO PURCHASE OPEN SPACE FOR THE USE AND BENEFIT OF THE
SUBDIVISION OR TO DEVELOP OR OTHERWISE IMPROVE LAND OR
RECREATIONAL FACILITIES THAT WILL ASSIST IN SUPPLYING THE

OVERALL RECREATIONAL AND OPEN SPACE NEEDS OF THE

SUBDIVISION; (4) the reservation of lands for schools and
other public buildings and for parks, playgrounds, and other
public purposes, provided no reservation of land for
traffic, recreation or any other public purposes as herein
provided shall continue for longer than three years without
the written approval of all persons holding or otherwise
owning any legal or equitable interest in the property; and
provided further that the properties reserved for public use
shall be exempt from all State, county, and local taxes
during the period; (5) the conservation of or production of
adequate transportation, water drainage and sanitary
facilities; (6) the preservation of the location of and the
volume and flow of water in and other characteristics of
natural streams and other waterways; (7) the avoidance of
population congestion; (8) the avoidance of scattered or
premature subdivision of land as would involve danger or
injury to health, safety or welfare by reason of the lack of
water supply, drainage, transportation or other public
services or necessitate an excessive expenditure of public
funds for the supply of services; (9) conformity of
resubdivided lots to the character of lots within the
existing subdivision with respect to area, frontage, and
alignment to existing lots and streets; (10) control of
subdivision or building (except for agricultural or
recreational purposes) in flood plain areas or streams and
drainage courses, and on unsafe land areas; (11)
preservation of outstanding natural or cultural features and
historic sites or structures; or (12) other benefits to the
health, comfort, safety or welfare of the present and future
population of the regional district.